PR: No Ruling on second set of Motions to Dismiss by ElcomSoft lawyersDistrict Court judge takes DMCA criminal case under advisement; could go to court in June

1 April 2002

San Jose, CA - Judge Ronald M. Whyte heard arguments presented by the ElcomSoft defense team, attorneys Joseph Burton of Duane Morris, LLP and Daralyn Durie of Keker and Van Nest, LLP and the US Attorney's Office, in the continuing case of "US Government vs ElcomSoft." Judge Whyte did not issue a ruling today, deciding to take the arguments under advisement.

ElcomSoft is the Moscow-based software development company, indicted along with one of their lead programmers, Dmitry Sklyarov, July of last year in Las Vegas. Sklyarov's arrest created a furor among software programmers and generated widespread protests around the globe. Sklyarov has returned to Russia and continues to work for ElcomSoft. The company remains under indictment.

Lead attorney Joseph Burton presented arguments to dismiss all charges against ElcomSoft based on the Due Process Clause of the Fifth Amendment. Attorney Daralyn Durie argued a second motion for dismissal based on the First Amendment's Right to Free Speech.

"We anticipated that Judge Whyte would take this under advisement" said Alexander Katalov, CEO of ElcomSoft. "My lawyers and I feel that it is always a good sign when the judge takes his time to consider the information; especially in a case like ours where the information is so complex."

"For me, however, this has turned into a waiting game and it is always difficult for those who are forced to wait," says Katalov. My company and I are prepared for Judge Whyte's rulings on the three motions before the court. If the case is dismissed on any one of these motions, we will feel extremely fortunate. If the ruling is not in our favor, we are prepared to go to trial in June and fight the case. If we do not win at trial we will appeal" says Katalov.

"This uncharted territory called Cyberspace, will be defined and redefined time and again until we get it right. For me, this case is nothing less than redefining the DMCA in the hopes that we are the ones to get this one right" states Katalov.

"I am anxiously awaiting Judge Whyte's rulings. Once again, my company and my personal life are on hold while a US court decides the fate of ElcomSoft. It is very taxing," states Katalov.

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